Legislature(1995 - 1996)

04/10/1995 01:40 PM TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 HB 287 - OUTDOOR ADVERTISING                                                 
                                                                              
 Number 012                                                                    
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG, prime sponsor of HB 287, presented            
 the committee with a color photograph depicting the actual                    
 configuration of the suggested trash receptacle.  He said Mr. Race            
 Jones will give testimony on this concept.  He explained HB 287               
 passed both Houses last year but was vetoed by the Governor.  HB
 287 is a positive small business economic development bill that               
 allows for the beautification and cleanup of areas.  He indicated             
 the bill package contained a letter from the previous Commissioner            
 of the Department of Transportation & Public Facilities (DOT/PF)              
 indicating because both Alaska Statute 19.25.110 and Alaska                   
 Administrative Code 20.010 only allow advertising on bus benches              
 and bus shelters, the department does not have the authority to               
 approve this request.  Representative Rokeberg indicated there were           
 other supporting letters from Assembly members from the                       
 municipality of Anchorage and Mayor Mystrom supporting this concept           
 which already exists in Anchorage.  He indicated HB 287 has a zero            
 fiscal note, or, may even have a positive one if the Department of            
 Transportation adopts a permitting fee, which is also in place in             
 Anchorage.  He asked for the Committee's support and said he was              
 available for questions.                                                      
                                                                               
 Number 067                                                                    
                                                                               
 CHAIRMAN DAVIS announced Mr. Race Jones, who is scheduled to                  
 testify via teleconference from Anchorage.                                    
                                                                               
 RACE JONES, President of CanAd, a company he formulated back in               
 1990, designed the trash receptacles to enhance the beautification            
 of the city of Anchorage as well as for the benefit of other areas.           
 He stated this was for other companies to benefit from and not just           
 his.  He explained the receptacles have a 40 to 50 gallon capacity            
 and are fabricated locally.  He fabricated, installed and                     
 maintained the receptacles.  Mr. Jones said the receptacles are               
 maintained through cooperation with the business communities.  A              
 business sponsors a particular receptacle and for their sponsorship           
 they receive four 18" by 18" signs for all sides of the receptacle.           
 He explained his company or others would be responsible for                   
 maintaining the integrity of their own receptacle.  He noted it               
 cost the city of Anchorage approximately $30,000 a year to maintain           
 their litter pick-up in the downtown business district.  Once his             
 program is up to speed it would save the municipality approximately           
 $30,000 which could be allotted to other areas.  He stated over a             
 ten year period this could save the city quit a bit of money.                 
                                                                               
 MR. JONES also indicated other benefits to the state which are                
 better control of litter on the streets as well as to improve                 
 roadside areas, and possibly reducing maintenance on some of the              
 street cleaning machinery through less litter the machine has to              
 process.  He stated he intends to promote this program by placing             
 these receptacles on public right-of-ways.  Mr. Jones intended to             
 conduct a public education program through the media regarding the            
 use and importance of these receptacles.  He communicated with Mr.            
 John Horn, Regional Director for the Central Region of the DOT/PF,            
 throughout the process.  Mr. Horn also suggested the possibility of           
 an amendment from the DOT/PF for allowing the city to enact permits           
 on the particular state right-of-ways if HB 287 was enacted.                  
                                                                               
 MR. JONES suggested this program would benefit rural Alaska as far            
 as employment and stimulate more small businesses.  He stated he              
 did not intend to operate this program solely on his own.   He                
 explained that being an entrepreneur, he was interested in a                  
 percentage of the market but his interest as a Native Alaskan was             
 to benefit Alaskans and the state.                                            
                                                                               
 Number 184                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked why Mr. Jones had the word "adjacent"           
 trash receptacle added.                                                       
                                                                               
 MR. JONES explained "adjacent" trash receptacles would include                
 areas near bus shelters and benches.  He suggested amending the               
 word "adjacent" due to the fact this was somewhat restricting to              
 the purpose of these trash receptacles.  This would allow the                 
 DOT/PF to regulate the permit issuance upon the applications, so if           
 they felt that the receptacles would not hinder handicap access               
 areas and not hindering sight of vision as far as traffic, then               
 they would accept the permit so it is not restricted to bus stops             
 and bus shelters.  He noted the importance of placing these                   
 receptacles in high traffic areas.  In order for the program to be            
 effective, these trash receptacles need to be around intersections,           
 foot paths, bicycle paths and other accessible areas.                         
                                                                               
 REPRESENTATIVE ROKEBERG asked if the word "adjacent" was deleted,             
 would this provide a greater ability to use these receptacles on              
 state right-of-ways.                                                          
                                                                               
 MR. JONES said yes, and referred to an article where the new                  
 Commissioner of the DOT/PF stated that with the decrease in state             
 revenues, it becomes more imperative to find ways to deal with                
 private enterprises, and this would be one of those innovative                
 ways.  He reiterated his support for the removal of the word                  
 "adjacent" which would be left to the Commissioner of the DOT/PF in           
 that particular area to decide whether or not the permit would be             
 applicable.                                                                   
                                                                               
 Number 214                                                                    
                                                                               
 CHAIRMAN DAVIS expressed concern for eliminating the word                     
 "adjacent" and being able to place any container alongside the road           
 and calling it a trash receptacle.  He explained there should be              
 some adjustment to the wording of "adjacent" and suggested the                
 wording "and those acceptable trash receptacles."  He stated HB 287           
 "was a relatively simple bill and has only the House Transportation           
 Committee as a referral.  If the committee keeps this in mind, it             
 would be his wish to keep that concern in mind when and if the bill           
 gets to the floor since it would be a minor amendment.                        
                                                                               
 REPRESENTATIVE TOM BRICE expressed concern for waiting until HB 287           
 is heard on the floor to amend it.                                            
                                                                               
 MR. JONES interjected that he agreed with the wording "trash                  
 receptacle."  He explained one of the reasons he wanted to                    
 elaborate on this concept was the design in itself is part of the             
 integrity.  He noted he did not want just any 55-gallon drum placed           
 along the roadsides of Alaska.  He stated "presentation is 75                 
 percent of your sale."  He agreed there has to be some sort of                
 control regarding the design and placement of the receptacles.                
                                                                               
 CHAIRMAN DAVIS stated it was his impression that HB 287 is drafted            
 specifically to accommodate the cities of Anchorage and Fairbanks.            
 There are other areas that do not have bus shelters or benches that           
 these receptacles would be required to be adjacent to, as indicated           
 in this bill.  With the removal of the word "adjacent"  and some              
 additional language, this would allow other areas of the state to             
 incorporate this project.                                                     
                                                                               
 Number 267                                                                    
                                                                               
 REPRESENTATIVE BRICE expressed concern for the criteria already               
 established regarding bus benches and shelters, and the building              
 standards they are required to conform to before they are erected.            
 He asked about a similar process of standards with the application            
 of the trash receptacles.                                                     
                                                                               
 CHAIRMAN DAVIS stated he shared Representative Brice's concern with           
 reference to waiting until this is heard on the floor, and he will            
 do some further research on this and possibly draft some proposed             
 amendments.                                                                   
                                                                               
 REPRESENTATIVE JERRY SANDERS expressed concern for the type of                
 advertisements that could be displayed on these trash receptacles             
 and the rules that govern what can and can't be advertised.                   
                                                                               
 REPRESENTATIVE ROKEBERG stated it was his understanding that the              
 ordinances of the prevailing municipality regarding the material              
 for public display would be in order, contrary to any other state             
 regulations or law.  Therefore, the local municipality could                  
 address their first amendment rights with respect to that specific            
 area, such as what is in practice in the municipality of Anchorage.           
                                                                               
 CHAIRMAN DAVIS indicated this would be a state law and the DOT/PF             
 guidelines would also apply within the state right-of-way areas               
 outside the organized municipalities.                                         
                                                                               
 MR. JONES said the restrictions on the receptacles would be under             
 the municipal codes that would effectively have control over the              
 signs.  He referenced what is currently being displayed on the bus            
 shelters and said the ordinance was not amended through the                   
 municipality of Anchorage last week in regard to the political                
 advertising on the local municipal buses, but it does state the               
 applicability of municipal enactments...they may enact ordinances             
 that regulate outdoor advertising in a way that is more restrictive           
 than the provisions of the state.   He indicated he had spoken to             
 the Mayor's office and the Public Works Department regarding this.            
 He explained the Public Works Department has the ability to pull              
 his permit from a given area if the advertising is offensive or if            
 the receptacle endangers the public in any way.  He explained it              
 would be "suicide" for his business to advertise in any way that              
 would be offensive to the public.                                             
                                                                               
 CHAIRMAN DAVIS asked for further discussion.  Then asked what the             
 will of the Committee was.                                                    
                                                                               
 REPRESENTATIVE BEVERLY MASEK made a motion to move HB 287 out of              
 the House Transportation Committee with individual recommendations            
 and a zero fiscal note.                                                       
                                                                               
 Number 357                                                                    
                                                                               
 CHAIRMAN DAVIS asked if there was any objection.  Hearing none, HB
 287 is moved out of the committee.                                            
                                                                               

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